Lindner

Plaintiff as assignee of the Village Winery, Inc., instituted this action to recover from defendant the balance of the purchase price of 50,000 gallons of wine allegedly sold and delivered by said assignor to the defendant. Judgment was rendered in favor of the defendant and plaintiff appeals. Throughout this opinion we shall refer to the assignor as plaintiff or simply as “winery.” There is no substantial dispute with respect to the facts. Plaintiff was a processor of wine, having its place of business at Escalón, California. One Perenchio was a wine broker in Los Angeles and as such had acted from time to time as broker for the sale of wine by plaintiff. The defendant was engaged in the retail liquor business in Las Vegas, Nevada. On November 20, 1950, Perenchio and defendant entered into a written agreement of joint venture for the purchase and sale of 50,000 gallons of sweet wine. The agreement recites that Perenchio was the purchaser of 50,000 gallons of sweet wine of the 1949-1950 vintage, stored at his winery “known as the Village Winery, located in Escalón, California”; that the purchase price thereof was 77% cents per gallon and that Perenchio had paid on account of such…